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Unknown blogger (ABC)     11 July 2014

Miscarriage

My brothers wife left our house on 23rd June 2013. yesterday she has given a written complaint in police station stating that my mother and brother torture her physically and mentally for dowry.

Also leaving our house she was 45 days pregnant.

In her complaint she mentioned that due to extreme mental torture from my mother and brother miscarriage happened and she aborted without concent of my brother.

This miscarriage happend at her fathers place and this was told to us by the case handling inspector.

Please advise can we take them to court on the verge of cruelty and the maternity home where the abortion happened without concent of my brother, as the miscarriage happend at her fathers palce.

please advice



Learning

 2 Replies

Tajobsindia (Senior Partner )     12 July 2014

1. Married woman can give her own consent if she is above 18 years of age, she does not require the consent of her husband for MTP. 

2. She /her side has made a very interesting case against you/your side.

3. Get hold of help from seasoned Advocate as face-to-face Chamber consultation instead of banking upon internet forums for such tricky allegations. 

[Last reply]

Unknown blogger (ABC)     12 July 2014

I have contacted a lawyer, he is saying wait, police told you that they will again call you, after that we will decide what to do further.

Secondly I just wanted to know, on what grounds police will charge 498 and other sections. We never beat her, she has made falls allegation of beating and mental torture.

Secondly there is no measure for mental torture and no one can prove it. Thirdly we have never done any type of violence, she can not prove that too.

she lodge our complaint 3 days before and she was staying with her parents for 20 days and at the same time she was sending us threatening messages too.

More over she was just waiting to get aborted and termed the same as miscarriage due to mental stress. Further, forget about the conscent but no one informed us.

Just on mere allegations can criminal proceedings be commenced?


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